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HomeMy WebLinkAbout20200158.tiffPlanner: Case Number: Owner: Representative: Request: Legal Description: LAND USE APPLICATION SUMMARY SHEET Maxwell Nader Hearing Date: January 7, 2019 USR19-0065 Michael E. and Linda L. McKee, PO Box 125, Lucerne, CO 80646 Oak Leaf Solar 41 LLC c/o Michael McCabe 3645 E. 2nd Avenue, Suite 206, Denver, CO 80205 A Site Specific Development Plan and Use by Special Review Permit for Small Scale Solar Facility (2MW) in the A (Agricultural) Zone District Subdivision Exemption SUBX19-0023; being a part of the E2NE4 of Section 24, Township 6, Range 66 West of the 61h P.M., Weld County, Colorado Location: West of and adjacent to County Road 37; south of and adjacent to State Highway 392. Size of Parcels: +/- 12 acres Parcel No. 0805-24-0-00-024 The criteria for review of this Special Review Permit is listed in Section 23-2-220 of the Weld County Code. The Department of Planning Services' staff has received referral responses with comments from the following agencies: City of Greeley, referral dated October 29, 2019 Weld County Department of Public Works, referral dated November 25, 2019 Weld County Department of Public Health and Environment, referral dated November 15, 2019 The Department of Planning Services' staff has received referral responses without comments from the following agencies: ▪ Colorado Parks and Wildlife, referral dated October 28, 2019 ▪ Weld County Zoning Compliance, referral dated October 29, 2019 ▪ Weld County School District RE -2, referral dated October 23, 2019 ▪ North Weld County Water District, referral dated November 11, 2019 Y Colorado Department of Transportation, referral dated October 23, 2019 The Department of Planning Services' staff has not received responses from the following agencies: Y Town of Eaton Y Eaton Fire Protection District Y West Greeley Conservation District Y Weld County Department of Building Inspection USR19-0065, Oak Leaf Solar 41 LLC , Page 1 of 9 Planner: Case Number: Owner: Representative: Request: Legal Description: Location: Size of Parcels: Case Summary: SPECIAL REVIEW PERMIT ADMINISTRATIVE REVIEW Maxwell Nader Hearing Date: January 7, 2019 USR19-0065 Michael E. and Linda L. McKee, PO Box 125, Lucerne, CO 80646 Oak Leaf Solar 41 LLC c/o Michael McCabe 3645 E. 2nd Avenue, Suite 206, Denver, CO 80205 A Site Specific Development Plan and Use by Special Review Permit for Small Scale Solar Facility (2MW) in the A (Agricultural) Zone District Subdivision Exemption SUBX19-0023; being a part of the E2NE4 of Section 24, Township 6, Range 66 West of the 61h P.M., Weld County, Colorado West of and adjacent to County Road 37; south of and adjacent to State Highway 392. +/- 12 acres Parcel No. 0805-24-0-00-024 Oak Leaf Solar 41, LLC is requesting a Site Specific Development Plan and Use by Special Review Permit for a Small Scale Solar Facility (2MW DC) on an approximately twelve (12) acre temporary leasehold parcel for a solar facility located on the northern portion of the parent parcel. Subdivision Exemption SUBX19- 0023 was conditionally approved on December 18, 2019 Bottled water, handwashing units and portable toilets will be provided during construction. Construction will last three (3) months and up to ten (10) semi -truck loads of equipment per week during the three (3) month period. Once the site is in operation, the site will produce energy during daylight hours and one to two (1- 2) workers will perform quarterly maintenance and inspection. To comply with the National Electric Code, there will be an eight (8) foot in height decorative game fence installed around the entire perimeter of the site, which will be designed to Colorado Parks and Wildlife standards. No lighting is proposed and there will be an emergency sign posted near the entrance of the facility. Once the site is no longer being used for the solar facility it will be reclaimed by removing panels, racking, cabling, inverters, and all associated equipment from the site and the site will returned to its condition prior to the solar facility being constructed which is dryland. The applicant has submitted a Landscaping and Screening, Property Maintenance and Decommissioning Plan. All plans have been conditionally approved by the Department of Planning Services Staff. Development standards have been added to ensure the applicant adheres to the approved plans. DEPARTMENT OF PLANNING SERVICES' STAFF RECOMMENDS THAT THIS REQUEST BE APPROVED FOR THE FOLLOWING REASONS: 1. The submitted materials are in compliance with the application requirements of Section 23-2-260 of the Weld County Code. 2. It is the opinion of the Department of Planning Services' staff that the applicant has shown compliance with Section 23-2-220 of the Weld County Code as follows: USR19-0065, Oak Leaf Solar 41 LLC , Page 2 of 9 A. Section 23-2-220.A.1 -- The proposed use is consistent with Chapter 22 and any other applicable code provisions or ordinance in effect. Section 22-5-130 states, "Due to the volatility of traditional energy resources, the County supports and encourages development and use of alternative energy resources. Alternative energy sources do not replace the traditional sources of energy; rather, expanding global energy demands require a "new energy economy" that supports and enhances traditional sources of energy." Solar energy is an alternative energy source to traditional energy resources. Solar energy can help support traditional energy resources that can vary in demand, stabilizing the electric grid or enhancing grid stability. Section 22-5-140 — AE. Goal 1. states, "Support and encourage research, development and use of alternative energy resources." The Comprehensive Plan supports the development and use of solar energy specifically. Section 22-5-140.A.5 - AE.Policy 1.5. states, "Support the development and use of solar energy." The proposed development is a solar facility that powers the grid. Electricity is distributed locally and not transferred via transmission lines out of the County. Section 22-5-160. - A. UR. Goal 1. states, "Support and encourage the use of natural and other resources available in the County by the residents of the County. 1. UR.Policy 1.1. Support the development of power -generating facilities in the County that benefit the residents of the County and employ the resources extracted, developed or available in the County." The proposed development adds another power -generation facility in the County that benefits the residents of the County. The proposed location of the facility positively affects the residents because they are able to use this energy for their properties, farms, etc. here in Weld County. Furthermore, this proposed location of the solar facility is located directly adjacent to overhead powerlines allowing this facility to easily connect to the existing grid. B. Section 23-2-220.A.2 -- The proposed use is consistent with the intent of the A (Agricultural) Zone District. Section 23-3-10. — Intent, of the Weld County Code states, "Agriculture in the county is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land uses. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the county. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land uses." This proposal permits an energy development and supports intent of Chapter 22 of the Weld County Code. Section 23-3-40.GG. — Small scale solar facility, subject to the additional requirements of Section 23-5-1030." Based on the Weld County Code, the use may be permitted by a USR in the A (Agricultural) zone district. The small scale solar is a non -permanent and regulated use of land and is consistent with Section 23-3-10 as the use is more intense than a use by right. USR19-0065, Oak Leaf Solar 41 LLC , Page 3 of 9 C. Section 23-2-220.A.3 -- The uses which will be permitted will be compatible with the existing surrounding land uses. There are nine (9) USRs within one mile of this site. These USRs consist of two (2) oil and gas production facilities, USR-995 and MUSR14-0011, one (1) mineral resource development facility, MUSR16-0008, one (1) drop/staging yard for tanks, pumps, etc., USR13-0050, two (2) AG service establishments, USR-764AM3 and USR-1355, one (1) accessory structure, USR-634, one (1) church, USR-1492, and one (1) personal training facility. There are several more USRs outside of the one (1) mile radius of the site that include more oil and gas production facilities, oil and gas support service facilities and AG service establishments. The Weld County Department of Planning Services sent notice to twenty (20) surrounding property owners within five -hundred (500) feet. No correspondences were received back from surrounding property owners regarding the proposed application. There were no mails or phone calls received regarding the proposed application. D. Section 23-2-220.A.4 -- The uses which will be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by Chapter 22 of the Weld County Code and any other applicable code provisions or ordinances in effect, or the adopted Master Plans of affected municipalities. The site is located within the three (3) mile referral area of the Town of Eaton and the City of Greeley. The Town of Eaton did not return a referral. The City of Greeley had comments on their referral dated, October 29, 2019, that included advisory comments related to the project and location of the project. The site is not located within any existing Intergovernmental Agreement Area (IGA) of a municipality. The site is also not located in a Urban Growth Boundary (UGB) or Regional Urbanization Area (RUA). E. Section 23-2-220.A.5 -- The application complies with Chapter 23, Articles V and XI, of the Weld County Code. The property is not within the Geologic Hazard Overlay District, a Special Flood Hazard Area, Airport Overlay District or the Municipal Separate Storm Sewer System (MS4) area. Building Permits issued on the lot will be required to adhere to the fee structure of the County -Wide Road Impact Fee, County Facility Fee and Drainage Impact Fee Programs. F. Section 23-2-220.A.6 -- The applicant has demonstrated a diligent effort to conserve prime agricultural land in the locational decision for the proposed use. The parcel is located on soils designated as "Prime (Irrigated) - Farmlands of National Importance" per the 1979 Soil Conservation Service Important Farmlands of Weld County Map. Additionally, the submitted Custom Soil Resource Report further details the soils located in the proposed location of the solar facility are considered "Prime farmland (if irrigated)". However, the proposed use is temporary, and soils will not be disturbed or removed from the property. After the lease period, the land can be returned to agricultural production. G. Section 23-2-220.A.7— There is adequate provisions for the protection of the health, safety, and welfare of the inhabitants of the neighborhood and County. The Design Standards (Section 23-2-240, Weld County Code), Operation Standards (Section 23-2-250, Weld County Code), Solar Facility Standards (Section 23-4-1030, Weld USR19-0065, Oak Leaf Solar 41 LLC , Page 4 of 9 County Code), Conditions of Approval and Development Standards can ensure that there are adequate provisions for the protection of health, safety, and welfare of the inhabitants of the neighborhood and County. This recommendation is based, in part, upon a review of the application materials submitted by the applicant, other relevant information regarding the request, and responses from referral entities. The Department of Planning Services' staff recommendation for approval is conditional upon the following: 1. Prior to recording the map: A. The applicant shall attempt to address the requirements of the City of Greeley as stated in the referral dated, November 19, 2019. Written evidence of such shall be submitted to the Weld County Department of Planning Services. (Department of Planning Services) B. A Road Maintenance Agreement is required at this location for construction. Road maintenance includes, but is not limited to, dust control and damage repair to specified haul routes. (Department of Public Works) C. The applicant shall obtain and submit a recorded copy of any agreement necessary to access the project site. The agreement shall be signed by all property owners whose property is crossed to access the site. The access shall be for ingress, egress, utilities and shall be referenced on the USR map by the Weld County Clerk and Recorder's Reception number. (Department of Public Works) D. The map shall be amended to delineate the following: 1. All sheets of the map shall be labeled USR19-0065 (Department of Planning Services) 2. The attached Development Standards. (Department of Planning Services) 3. The map shall be prepared in accordance with Section 23-2-260.D of the Weld County Code. (Department of Planning Services) 4. The map shall delineate the landscaping and screening on the site, in accordance with Section 23-4-1030.C of the Weld County Code. (Department of Planning Services) 5. The map shall delineate the lighting, if applicable. (Department of Planning Services) 6. All signs shall be shown on the map and shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 5. The map shall delineate the thirty (30) foot setback from the boundary of adjacent properties, irrigation ditches, and rights -of -way in which no equipment shall be located, in accordance with Section 23-4-1030.G of the Weld County Code. (Department of Planning Services) 7. County Road 37 is a paved road and is designated on the Weld County Functional Classification Map as a collector road which requires 80 feet of right-of-way at full buildout. The applicant shall delineate and label on the site map or plat the future and existing right-of-way (along with the documents creating the existing right-of-way) and the physical location of the road. All setbacks shall be measured from the edge of right-of-way. This road is maintained by Weld County. (Department of Public Works) USR19-0065, Oak Leaf Solar 41 LLC , Page 5 of 9 8. Show and label the approved access locations, approved access width and the appropriate turning radii (60') on the site plan. The applicant must obtain an access permit in the approved location(s) prior to construction. (Department of Public Works) 9. Show and label a minimum 30 -foot wide access and utility easement to provide legal access to the parcel on the plat. (Department of Public Works) 10. Show and label the approved tracking control on the site plan. (Department of Public Works) 11. Show and label the entrance gate if applicable. An access approach that is gated shall be designed so that the longest vehicle (including trailers) using the access can completely clear the traveled way when the gate is closed. In no event, shall the distance from the gate to the edge of the traveled surface be less than 35 feet. (Department of Public Works) 12. Show and label the drainage flow arrows. (Department of Public Works) 13. Show and label the parking and traffic circulation flow arrows showing how the traffic moves around the property. (Department of Public Works) 2. Upon completion of Condition of Approval #1 above, the applicant shall submit one (1) electronic copy (.pdf) of the map for preliminary approval to the Weld County Department of Planning Services. Upon approval of the map the applicant shall submit a Mylar map along with all other documentation required as Conditions of Approval. The Mylar map shall be recorded in the office of the Weld County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Section 23-2-260.D of the Weld County Code. The Mylar map and additional requirements shall be submitted within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. (Department of Planning Services) 3. In accordance with Weld County Code Ordinance #2012-3, approved April 30, 2012, should the plat not be recorded within the required one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, a $50.00 recording continuance charge shall added for each additional three (3) month period. (Department of Planning Services) 4. Prior to Construction: A. The approved access and tracking control shall be constructed prior to on -site construction. (Department of Public Works) B. If more than one (1) acre is to be disturbed, a Weld County Grading Permit will be required. (Department of Public Works) 5. The Use by Special Review Permit is not perfected until the Conditions of Approval are completed and the map is recorded. Activity shall not occur, nor shall any building or electrical permits be issued on the property, until the Use by Special Review plat is ready to be recorded in the office of the Weld County Clerk and Recorder or the applicant has been approved for an early release agreement (Department of Planning Services) USR19-0065, Oak Leaf Solar 41 LLC , Page 6 of 9 SITE SPECIFIC DEVELOPMENT PLAN USE BY SPECIAL REVIEW PERMIT DEVELOPMENT STANDARDS Oak Leaf Solar 41 LLC USR19-0065 1. A Site Specific Development Plan and Use by Special Review Permit, USR19-0065 for a Small Scale Solar Facility (2MW) in the A (Agricultural) Zone District, subject to the Development Standards stated hereon. (Department of Planning Services) 2. Approval of this plan may create a vested property right pursuant to Section 23-8-10 of the Weld County Code. (Department of Planning Services) 3. This is an unmanned facility. (Department of Planning Services) 4. The site shall be maintained in accordance with the approved Property Maintenance Plan. (Department of Planning Services) 5. The site shall be maintained in accordance with then approved Decommissioning Plan. (Department of Planning Services) 6. The site shall be maintained in accordance with the approved Landscape and Screening Plan. (Department of Planning Services) 7. All signs shall adhere to Chapter 23, Article IV, Division 2 and Appendices 23-C, 23-D and 23-E of the Weld County Code. (Department of Planning Services) 8. No outdoor storage of any materials and equipment including, but not limited to, solar panels and support structures not in operation will be allowed. (Department of Planning Services) 9. No equipment associated with the solar facility shall be located nearer than thirty (30) feet to the boundary of adjacent properties, irrigation ditches and/or rights -of -way. (Department of Planning Services) 10. Sources of light shall be shielded so that light rays will not shine directly onto adjacent properties where such would cause a nuisance or interfere with the use on the adjacent properties in accordance with the plan. Neither the direct, nor reflected, light from any light source may create a traffic hazard to operators of motor vehicles on public or private streets. No colored lights may be used which may be confused with, or construed as, traffic control devices. (Department of Planning Services) 11. All liquid and solid wastes (as defined in the Solid Wastes Disposal Sites and Facilities Act, 30-20- 100.5, C.R.S.) shall be stored and removed for final disposal in a manner that protects against surface and groundwater contamination. (Department of Public Health and Environment) 12. No permanent disposal of wastes shall be permitted at this site. This is not meant to include those wastes specifically excluded from the definition of a solid waste in the Solid Wastes Disposal Sites and Facilities Act, 30-20-100.5, C.R.S. (Department of Public Health and Environment) 13. Waste materials shall be handled, stored, and disposed in a manner that controls fugitive dust, fugitive particulate emissions, blowing debris, and other potential nuisance conditions. The facility shall operate in accordance with Chapter 14, Article 1 of the Weld County Code. (Department of Public Health and Environment) 14. Fugitive dust should attempt to be confined on the property. Uses on the property should comply with the Colorado Air Quality Commission's air quality regulations. (Department of Public Health and Environment) USR19-0065, Oak Leaf Solar 41 LLC , Page 7 of 9 15. The operation shall comply with all applicable rules and regulations of State and Federal agencies and the Weld County Code. (Department of Public Health and Environment) 16. The property owner or operator shall be responsible for controlling noxious weeds on the site, pursuant to Chapter 15, Article I and II, of the Weld County Code. (Department of Public Works) 17. The access to the site shall be maintained to mitigate any impacts to the public road, including damages and/or off -site tracking. (Department of Public Works) 18. There shall be no parking or staging of vehicles on public roads. On -site parking shall be utilized. (Department of Public Works) 19. Any work that may occupy and or encroach upon any County rights -of -way or easement shall acquire an approved Right -of -Way Use Permit prior to commencement. (Department of Public Works) 20. The Property Owner shall comply with all requirements provided in the executed Road Maintenance Agreement. (Department of Public Works) 21. The historical flow patterns and runoff amounts on the site will be maintained. (Department of Public Works) 22. Weld County is not responsible for the maintenance of onsite drainage related features. (Department of Public Works) 23. Building permits may be required, per Section 29-3-10 of the Weld County Code. Currently, the following have been adopted by Weld County: 2018 International Codes, 2006 International Energy Code, and 2017 National Electrical Code. A Building Permit Application must be completed and two (2) complete sets of engineered plans bearing the wet stamp of a Colorado registered architect or engineer must be submitted for review. A Geotechnical Engineering Report performed by a Colorado registered engineer shall be required or an Open Hole Inspection. (Department of Building Inspection) 24. The property owner or operator shall be responsible for complying with the Design and Operation Standards of Chapter 23 of the Weld County Code. 25. Necessary personnel from the Weld County Departments of Planning Services, Public Works, and Public Health and Environment shall be granted access onto the property with notice to the facility operator and/or property owner at any reasonable time in order to ensure the activities carried out on the property comply with the Conditions of Approval and Development Standards stated herein and all applicable Weld County regulations. 26. The Use by Special Review area shall be limited to the plans shown hereon and governed by the foregoing standards and all applicable Weld County regulations. Substantial changes from the plans or Development Standards, as shown or stated, shall require the approval of an amendment of the Permit by the Weld County Board of County Commissioners before such changes from the plans or Development Standards are permitted. Any other changes shall be filed in the office of the Department of Planning Services. 27. The property owner or operator shall be responsible for complying with all of the foregoing Development Standards. Noncompliance with any of the foregoing Development Standards may be reason for revocation of the Permit by the Board of County Commissioners. 28. RIGHT TO EXTRACT MINERAL RESOURCES STATEMENT: Weld County has some of the most abundant mineral resources, including, but not limited to, sand and gravel, oil, natural gas, and coal. Under title 34 of the Colorado Revised Statutes, minerals are vital resources because (a) the state's commercial mineral deposits are essential to the state's economy; (b) the populous counties of the state face a critical shortage of such deposits; and (c) such deposits should be extracted USR19-0065, Oak Leaf Solar 41 LLC , Page 8 of 9 according to a rational plan, calculated to avoid waste of such deposits and cause the least practicable disruption of the ecology and quality of life of the citizens of the populous counties of the state. Mineral resource locations are widespread throughout the County and person moving into these areas must recognize the various impacts associated with this development. Often times, mineral resource sites are fixed to their geographical and geophysical locations. Moreover, these resources are protected property rights and mineral owners should be afforded the opportunity to extract the mineral resource. 29. WELD COUNTY'S RIGHT TO FARM STATEMENT: Weld County is one of the most productive agricultural counties in the United States, typically ranking in the top ten counties in the country in total market value of agricultural products sold. The rural areas of Weld County may be open and spacious, but they are intensively used for agriculture. Persons moving into a rural area must recognize and accept there are drawbacks, including conflicts with long-standing agricultural practices and a lower level of services than in town. Along with the drawbacks come the incentives which attract urban dwellers to relocate to rural areas: open views, spaciousness, wildlife, lack of city noise and congestion, and the rural atmosphere and way of life. Without neighboring farms, those features which attract urban dwellers to rural Weld County would quickly be gone forever. Agricultural users of the land should not be expected to change their long-established agricultural practices to accommodate the intrusions of urban users into a rural area. Well -run agricultural activities will generate off -site impacts, including noise from tractors and equipment; slow -moving farm vehicles on rural roads; dust from animal pens, field work, harvest and gravel roads; odor from animal confinement, silage and manure; smoke from ditch burning; flies and mosquitoes; hunting and trapping activities; shooting sports, legal hazing of nuisance wildlife; and the use of pesticides and fertilizers in the fields, including the use of aerial spraying. It is common practice for agricultural producers to utilize an accumulation of agricultural machinery and supplies to assist in their agricultural operations. A concentration of miscellaneous agricultural materials often produces a visual disparity between rural and urban areas of the County. Section 35-3.5-102, C.R.S., provides that an agricultural operation shall not be found to be a public or private nuisance if the agricultural operation alleged to be a nuisance employs methods or practices that are commonly or reasonably associated with agricultural production. Water has been, and continues to be, the lifeline for the agricultural community. It is unrealistic to assume that ditches and reservoirs may simply be moved "out of the way" of residential development. When moving to the County, property owners and residents must realize they cannot take water from irrigation ditches, lakes, or other structures, unless they have an adjudicated right to the water. Weld County covers a land area of approximately four thousand (4,000) square miles in size (twice the size of the State of Delaware) with more than three thousand seven hundred (3,700) miles of state and county roads outside of municipalities. The sheer magnitude of the area to be served stretches available resources. Law enforcement is based on responses to complaints more than on patrols of the County, and the distances which must be traveled may delay all emergency responses, including law enforcement, ambulance, and fire. Fire protection is usually provided by volunteers who must leave their jobs and families to respond to emergencies. County gravel roads, no matter how often they are bladed, will not provide the same kind of surface expected from a paved road. Snow removal priorities mean that roads from subdivisions to arterials may not be cleared for several days after a major snowstorm. Services in rural areas, in many cases, will not be equivalent to municipal services. Rural dwellers must, by necessity, be more self-sufficient than urban dwellers. People are exposed to different hazards in the County than in an urban or suburban setting. Farm equipment and oil field equipment, ponds and irrigation ditches, electrical power for pumps and center pivot operations, high speed traffic, sandburs, puncture vines, territorial farm dogs and livestock, and open burning present real threats. Controlling children's activities is important, not only for their safety, but also for the protection of the farmer's livelihood. USR19-0065, Oak Leaf Solar 41 LLC , Page 9 of 9 November 15, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mnader@weldgov.com PHONE: (970) 400-400-3527 FAX: (970) 304-6498 MCCABE MICHAEL 2645 E. 2ND AVE STE 206 DENVER, CO 80206 Subject: USR19-0065 - A Site -Specific Development Plan and Use by Special Review Permit for Small Scale Solar Facility (2MW) in the A (Agricultural) Zone District. On parcel(s) of land described as: E2NE4 SECTION 24, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: I have scheduled a meeting with the Weld County Planning Commission on January 7, 2020, at 12:30 p.m. A subsequent hearing with the Board of County Commissioners will be held on January 22, 2020 at 10:00 a.m. Both hearings will be held in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado. It is recommended that you and/or a representative be in attendance to answer any questions the Planning Commission members or Board of County Commissioners may have. Colorado Revised Statute, C.R.S.24-65.5-103 (adopted as part of H.B.01-1088) requires notification of all mineral estate owners 30 days prior to any public hearing. The applicant needs to provide the Weld County Planning Department with written certification indicating the above requirement has been met. A representative from the Department of Planning Services will be out to the property a minimum of ten days prior to the hearing to post a sign, adjacent to and visible from a publicly maintained road right-of-way which identifies the hearing time, date, and location. In the event the property is not adjacent to a publicly maintained road right-of-way, one sign will be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The Department of Planning Services' staff will make a recommendation concerning this application to the Weld County Planning Commission and will be included in the staff report one week prior to the scheduled Planning Commission hearing. You may view the staff report at www.weldcountyplanninqcases.org If you have any questions concerning this matter, please call. Respectfully, Maxwell Nader Planner October 22, 2019 DEPARTMENT OF PLANNING SERVICES 1555 N 17th AVE GREELEY, CO 80631 WEBSITE: www.weldgov.com E-MAIL: mnader@weldgov.com PHONE: (970) 400-400-3527 FAX: (970) 304-6498 MCCABE MICHAEL 2645 E. 2ND AVE STE 206 DENVER, CO 80206 Subject: USR19-0065 - A Site -Specific Development Plan and Use by Special Review Permit for Small Scale Solar Facility (2MW) in the A (Agricultural) Zone District. On parcel(s) of land described as: E2NE4 SECTION 24, T6N, R66W of the 6th P.M., Weld County, Colorado. Dear Applicants: Your application and related materials for the request described above are complete and in order at this time. I will schedule a meeting with you at the end of the review period to discuss the referral comments received by our office. It is the policy of Weld County to refer an application of this nature to any town or municipality lying within three miles of the property in question or if the property under consideration is located within the comprehensive planning area of a town or municipality. Therefore, our office has forwarded a copy of the submitted materials to the following Planning Departments for their review and comments: Eaton at Phone Number 970-454-3338 Greeley at Phone Number 970-350-9780 It is recommended that you contact the listed Planning Departments for information regarding their process and to answer any questions that might arise with respect to your application. If you have any questions concerning this matter, please call. Respectfully, / Maxwell Nader Planner Hello